Ed Markey on Homeland Security
Democratic Representative (MA-7)
Markey said Snowden should accept responsibility, but added that Americans shouldn't have to choose between security and privacy. "We have to make sure that we have in place the privacy protections so that as law enforcement officials are looking for the guilty needle that there is not a compromise of the innocent haystack of e-mails and phone calls that all Americans are making," Markey said.
Proponent's Argument for voting Yes:
[Rep. Blackburn, R-TN]: This bill gets the Federal Government--and Federal taxpayers--out of the business of buying radio programming they do not agree with. This is a bill that is long overdue. Regardless of what you think of NPR, its programming or statements by its management, the time has come to cut the umbilical cord from the taxpayer support that has become as predictable as an entitlement program. Much has changed in the media landscape since the wiretaps, to seek certain business records, and to gather intelligence on lone terrorists who are not affiliated with a known terrorist group. The Patriot Act works. It has proved effective in preventing terrorist attacks and protecting Americans. To let these provisions expire would leave every American less safe.
Opponent's Argument for voting No:
[Rep. Conyers, D-MI]: Section 215 of the Patriot Act allows a secret FISA court to authorize our government to collect business records or anything else, requiring that a person or business produce virtually any type record. We didn't think that that was right then. We don't think it's right now. This provision is contrary to traditional notions of search and seizure which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. And so I urge a "no" vote on the extension of these expiring provisions.
SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. CONYERS: Earlier this year, in the Protect America Act, PAA, amendments were made to FISA, giving the Government enhanced flexibility to collect foreign intelligence information. But the broad scope of the authority without up-front court approval raised grave concerns about the need for more safeguards of innocent Americans' communications. The RESTORE Act improves upon the PAA by providing a series of checks and balances while still allowing maximum flexibility. The RESTORE Act does not require individual warrants when persons are abroad, but it is firm that a FISA warrant is required to obtain communications of people in the US.
OPPONENT'S ARGUMENT FOR VOTING NO:Rep. KING of N.Y.: Electronic surveillance is one of the strongest weapons in our arsenal. The real enemy is al Qaeda and Islamic terrorism, not our own government working so hard to protect us. The PAA updated FISA and struck the appropriate balance between protecting our citizens from terrorist attacks and protecting our civil liberties. Today's bill, the RESTORE Act, marks an undeniable retreat in the war against Islamic terrorism. It limits the type of foreign intelligence information that may be acquired and actually gives foreign targets more protections than Americans get in criminal cases here at home.
LEGISLATIVE OUTCOME:Bill passed, 213-197.
SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. REYES: This legislation goes a long way towards strengthening oversight of the intelligence community, which the President seems to consistently want to fight. That's why the President vetoed it. He wants the authority to do whatever he wants, in secret, with no oversight or authorization or without any checks and balances. Well, I don't agree. The Constitution gives us a role in this process. We do have a say in what the intelligence community does. That's why we need to override this veto.
OPPONENT'S ARGUMENT FOR VOTING NO:Rep. HOEKSTRA: This bill fails to give the intelligence community the tools that it needs to protect the American people from radical jihadists. The debate on this authorization bill is not about a single issue, [waterboarding], as some would have you believe. It is about the need to ensure that we give the right tools to our intelligence professionals in this time of enhanced threat.
LEGISLATIVE OUTCOME:Veto override failed, 225-188 (2/3rds required)
A modified version, S.2011, failed in the Senate; it called for amending FISA to provide that a court order is not required for the electronic surveillance of communication between foreign persons who are not located within the US for collecting foreign intelligence information, without respect to whether the communication passes through the US or the surveillance device is located within the US.
Opponents recommend voting NO because:
Sen. LEVIN: Both bills cure the problem that exists: Our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activities who are physically located in foreign countries. Now, what are the major differences? Our bill (S2011) is limited to foreign targets limited overseas, unlike the Bond bill (S1927), which does not have that key limitation and which very clearly applies to US citizens overseas. Our bill does not. Now, if there is an incidental access to US citizens, we obviously will permit that. But the Bond bill goes beyond that, citing "any person." It does not say a "foreign person." We avoid getting to the communications of Americans. There you have to go for a warrant.
Proponents support voting YES because:
Sen. LIEBERMAN: I will vote for the Bond proposal (S1927) because we are at war, & there is increased terrorist activity. We have a crisis. This proposal will allow us to gather intelligence information on that enemy we otherwise would not gather. This is not the time for striving for legislative perfection. Let us not strive for perfection. Let us put national security first. We are going to have 6 months to reason together to find something better.
Proponents support voting YES because:
In Iraq, we were told we needed Halliburton to get a contract without any competition because they were the only ones who know how to put out oil well fires. So they got a contract on a cost-plus basis even though they had a history of overcharging the taxpayers. And then later we found out that they didn't do anything about putting out oil well fires in the first Gulf war; it was Bechtel, not Halliburton. Contractors were given special treatment by not having healthy competition.
In dealing with Hurricane Katrina, and we have seen the same mistakes again: No-competition contracts; cost-plus contracts. We have seen what the result has been: Wasted taxpayer dollars. This bill requires that if there is an emergency to give a contract, give it. But then have bidding within a year.
Opponents support voting NO because:
We support transparency and accountability in decision-making, but this bill asks for audit reports that are only advisory. To provide those to Congress not only gives you too much information, a lot of it can be misleading and can increase the number of contract disputes.
When you are fighting a war, you need to move quickly. You don't give a 6-month appeal to the folks that lose the competition. You don't give small business set-asides because there is one thing you don't have, you don't have time.
Proponents support voting YES because:
Intelligence is the first line of defense in the war on terrorism. That means we have to have intelligence agencies and capabilities that are agile, that are responsive to changes in technology, and that also protect the civil liberties of Americans. Let me make an analogy. With modernization, we replaced Route 66 with Interstate 40. We no longer have the stoplights and the intersections. We created on ramps and off ramps and concrete barriers to protect the citizens where traffic was moving very quickly. That is like what we are trying to do here--FISA needs modernization.
Opponents support voting NO because:
We are legislating in the dark. We do not even know what the President is doing now because he will not tell us. The New York Times exposed that the administration had authorized secret surveillance of domestic conversations. When exposed, the President claimed he was operating under inherent powers, but court decisions have found that the President cannot simply declare administration actions constitutional and lawful, whether or not they are.
Yet rather than finding out what is going on, this legislation retroactively legalizes whatever has been going on. The President already has broad latitude to conduct domestic surveillance, including surveillance of American citizens, so long as it is overseen by the FISA court.
This bill does not enhance security, but it does allow surveillance without the traditional checks and balances that have served our Nation well.
Title: To take the 50 Peacekeeper (MX) missiles off of high-alert status.
Peace Action, the merger of The Committee for a Sane Nuclear Policy (SANE) and The Freeze, has effectively mobilized for peace and disarmament for over forty years. As the nation's largest grassroots peace group we get results: from the 1963 treaty to ban above ground nuclear testing, to the 1996 signing of the Comprehensive Test Ban Treaty, from ending the war in Vietnam, to blocking weapons sales to human rights abusing countries. We are proof that ordinary people can change the world. At Peace Action we believe...
The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
OFFICIAL CONGRESSIONAL SUMMARY:
SPONSOR'S INTRODUCTORY REMARKS: Sen. CLINTON: Since Sept. 11, we have increased our focus on "dirty bombs," and rightly so. Most Americans are not aware of how common radioactive material is in our country. Often we think of warheads or rods used in nuclear reactors. However, we use less-radioactive materials in positive ways in our hospitals, research laboratories, food irradiation plants, and even in smoke detectors. And although these materials have beneficial uses, the fact is that some of them, in the hands of a terrorist, could be used to make a dirty bomb that could be used to contaminate a wide area in NYC or in many other places across the country. This legislation fills in remaining gaps to enable the U.S. to more effectively control radiation sources.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Environment and Public Works; never came to a vote.
OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide increased rail transportation security.
SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: We must do what is possible to protect Americans at home. Our Nation's transit system, Amtrak, and the freight railroads, I am sad to say, remain vulnerable to terrorist attacks. Though we have increased dramatically our security capabilities since 9/11, we have more to do. In fact, the Department of Homeland Security has not yet completed a vulnerability assessment for the rail system, nor is there an integrated security plan that reflects the unique characteristics of passenger and freight rail operations.
This legislation would authorize resources to ensure rail transportation security receives a high priority in our efforts to secure our country from terrorism. The legislation directs DHS to complete a vulnerability assessment for the rail system and make recommendations for addressing security weaknesses within 180 days of enactment.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Commerce, Science, and Transportation; never came to a vote.
Establishes a Department of Peace and Nonviolence, which shall be headed by a Secretary of Peace and Nonviolence appointed by the President with the advice and consent of the Senate. Sets forth the mission of the Department, including to:
Introductory statement by Sponsor:
Rep. KUCINICH: HR808 gives the promise of transforming our country and the world. It is now supported by 52 Members of the House of Representatives, and it is supported by groups who yesterday came to Washington representing 45 States. Last night, nearly 1,000 people came to the George Washington University campus to hear about the Department of Peace and the hope that it brings for America.
If you were to look at the House Clerk's desk, just around the corner, you will see engraved right into the desk, the word "peace." Peace is a foundational principle of this Congress and of this country, and the bill gives it a chance to have an animating power in our civic life by addressing the issues of domestic violence, spousal abuse, child abuse, violence in the schools, racial violence, all of those concerns we have both domestically and internationally.
Repeals current Department of Defense policy [popularly known as "Don't-Ask-Don't-Tell"] concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct.
Nothing in this Act shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of 'marriage' and 'spouse' and referred to as the 'Defense of Marriage Act').
Congressional Summary:Smarter Approach to Nuclear Expenditures Act: Prohibits using funds in 2014 or thereafter:
Opponent's argument against bill: (Twitchy blog, "Who said what?", twitchy.com): North Korea has evidently been conducting nuclear device tests, and the timing couldn't be better, of course, as President Obama is expected to call for a reduction in nuclear arms tonight in his State of the Union address. Mass. Rep. Ed Markey is totall
Press Release from Sen. Merkley's officeCiting the dangers to US national security posed by terrorists and rogue states seeking nuclear weapons, a bipartisan group of 26 senators sent a letter last week to the Office of Management and Budget (OMB), calling on the President to support increased funding in the FY2016 budget to more rapidly secure and permanently dispose of nuclear and radiological materials. The letter comes in response to the President's proposals in recent years to decrease funding for nuclear material security and nonproliferation programs.
The senators indicated that unsecured nuclear material poses unacceptably high risks to the safety of Americans and argued that the rate at which nuclear and radiological materials are secured and permanently disposed of must be accelerated. The senators expressed concern that cutting funds would slow what has been a successful process of elimination and reduction of highly enriched uranium (HEU) and separated plutonium in the international community. In just the last five years, nuclear security and non-proliferation programs have proven successful in eliminating HEU and separated plutonium from 13 countries, including Ukraine.
"Reducing budgets for agencies and programs that help keep nuclear and radiological materials out of the hands of terrorists is out of sync with the high priority that the President has rightly placed on nuclear and radiological material security and signals a major retreat in the effort to lock down these materials at an accelerated rate," the senators wrote. "The recent spate of terrorism in Iraq, Pakistan, and Kenya is a harrowing reminder of the importance of ensuring that terrorist groups and rogue states cannot get their hands on the world's most dangerous weapons and materials."
In the past two fiscal years, Congress has enacted $280 million additional dollars to the President's proposed funding for core non-proliferation activities.
Congressional summary:: Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act:
Opponent's argument against (Electronic Frontier Foundation): The bill only addresses a small portion of the problems created by NSA spying. It does not touch problems like NSA programs to sabotage encryption standards; it does not effectively tackle the issue of collecting information on people outside of the US; and it doesn't address the authority that the government is supposedly using to tap the data links between service provider data centers, such as those owned by Google and Yahoo. The bill also does not address excessive secrecy; it won't deal with the major over-classification issues or the state secrets privilege.
Opponent's argument against (J. Kirk Wiebe, former NSA Senior Intelligence Analyst interview with TheRealNews.com): It's window dressing. Stopping bulk collection is a good step, but the only thing that's going to fix this is direct access into NSA's databases by an independent group of hackers, techie types, people like Snowden who know how to get into a network and look at things and verify that the data they're collecting and what they're doing with it complies with the Constitution. The NSA has essentially operated illegally--unconstitutionally--for 60% of its existence.
A bill to restore habeas corpus for those detained by the United States; to the Committee on the Judiciary.
Sen. SPECTER. "I introduce this legislation, denominated the Habeas Corpus Restoration Act. Last year, in the Military Commissions Act, the constitutional right of habeas corpus was attempted to be abrogated. I say "attempted to be abrogated" because, in my legal judgment, that provision in the Act is unconstitutional.
"It is hard to see how there can be legislation to eliminate the constitutional right to habeas corpus when the Constitution is explicit that habeas corpus may not be suspended except in time of invasion or rebellion, and we do not have either of those circumstances present, as was conceded by the advocates of the legislation last year to take away the right of habeas corpus.
"We have had Supreme Court decisions which have made it plain that habeas corpus is available to non-citizens and that habeas corpus applies to territory controlled by the US, specifically, including Guantanamo. More recently, however, we had a decision in the US District Court applying the habeas corpus jurisdiction stripping provision of the Military Commissions Act, but I believe we will see the appellate courts strike down this legislative provision.
"The New York Times had an extensive article on this subject, starting on the front page, last Sunday, and continuing on a full page on the back page about what is happening at Guantanamo. It is hard to see how in America, or in a jurisdiction controlled by the United States, these proceedings could substitute for even rudimentary due process of law."
A bill to provide educational assistance to the dependents of Federal law enforcement officials who are killed or disabled in the performance of their duties.
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